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I've been having a conversation with Brandon Bryn of Prevention Works regarding a post he wrote about the Gun Show Loophole. I, of course, disagree with the term "loophole" and have been arguing my point and Brandon has been respectful in his replies. This is what true reasoned discourse is like.

To that end, I'd like to draw the conversation over here so that (a) I have more room than a comment box and (b) hopefully get a little more exposure. As always, I expect nothing but the best behavior from my readers so I feel confident that we can provide factual based data for Brandon to make his own conclusions. Please leave your snark at the front door (don't forget to get a claim ticket. Any unclaimed snark left for over 30 days becomes the possession of Sharp as a Marble Enterprises).

To start, please read the entire article and comments so you can catch up on what I'm about to say here.

Done? Great, let's get going.

Brandon, let's look at some of your points and see what we can do. First and foremost, you asked for links backing up my numbers and here they are.

For gun homicides, I did a whole article here using the CDC's numbers directly from their web site. It's a good summary, but the links in the article will allow you to fact check me.

The numbers of guns owned in the US is, for all intents and purposes, a guess. But with reports of 9 firearms per 10 people, and a population of 300,000,000, that yields 270,000,000 firearms in civilian possession.

When you divide the number of crimes or homicides by the sheer number of actual guns owned, you'll see that the percentage of firearms used in these instances are so minute to be almost statistical noise. I don't say this to belittle those involved in gun crimes - the numbers are real regardless of the percentage, but to point out that extensive gun control isn't the answer to the problem. I'll illustrate that point in a minute.

Brandon: Robb, I'm starting to understand what you mean about "guilty until proven innocent." But I still think that's a stretch and a fairly weak argument upon which to abolish background checks. A gun is a dangerous weapon and, under law, it requires a certain amount of responsibility. Similar to other products like alcohol, porno, and hand grenades.

First off, the gun is not dangerous in and of itself. It has no free will of its own, cannot force a human to pick it up and do its bidding. There is a danger involved in handling it, but the same can be said about a power saw, sharp kitchen cutlery, and even swimming pools. In fact, as far as accidental deaths are concerned, the only thing less dangerous is inhalation of deadly gasses.

As for responsibility, yes you are correct. I'm a big proponent of responsibility. However, you can't legislate responsibility, you can only punish (after the fact) for not properly handling something. We all allow drinking because the vast majority of us can consume alcohol without harming others, and we set some rules up to ensure that minors do not get booze easily. If you decide to imbibe and operate a motor vehicle (and get caught), you get punished. What we don't do is require fingerprints, background checks, and waiting periods for buying a drink and alcohol poses a MUCH greater threat of death than firearms, accidental or intentional. Again, the CDC will tell you this.

With that weed example, are you suggesting that we should legalize everything on the black market just because... you're able to find it? Because some people find ways to smoke pot, we should legalize it? Just because people die in automobile crashes, does that mean we should abolish seat belt laws?

I'm 100% on board with legalizing marijuana. Don't smoke the stuff myself and have no personal horse in that race, but the reason I want to legalize it is because the criminalization of it does more harm than good. The War on Some Drugs has cost us more freedom than it has helped us. I view gun control the same thing.

Seatbelts? I totally think the laws should be abolished. I am an adult, I can make my own decisions. If you wish to drive unbuckled, that is your decision. A dumb one, but liberty requires that we allow people to make their own decisions even if you and I consider them wrong. It's not up to the Government to swaddle us in bubble-wrap and protect us from ourselves.

I'm not saying we legalize everything under the sun because some things do cause more damage than they help, but guns are not one of them. Again, look up the numbers for yourself. Is .000374% really worth trampling on everyone's rights? And what for? To get that number to .000369%? In economic terms, the ROI simply isn't worth it. Besides, guns are used by the citizenry to prevent crimes in upwards of 2 million times a year and their continued proliferation in the hands of all of us acts as a continual reminder to the government that tyranny is a losing proposition. Here's a great web site that documents self defense cases across the US. 5 stories would be anecdotal, but this site has thousands upon thousands of them, and these are only those that were reported. With no shots fired, many people simply do not call the police or if they do, it doesn't get entered (no crime was committed).

There is no absolute law that would end gun crime. Just as drinking laws won't prevent teenagers from drinking altogether. Yet these laws do deter the crime.

There is no such thing as gun crime. Again, unless the gun has free will of its own, it cannot commit a crime. What you mean to say is "No law will stop crime and some people will use tools to give themselves leverage in its commission". Not as catchy, but it's the truth. Creating "gun laws" means you accept the premise that a gun somehow confers magical powers to its holder and causes the holder to behave in a manner they have no control over. It's the same thing as saying booze causes the alcoholic to drink.

As far as deterrence, that only works if you can enforce it. The chance of getting a speeding ticket is high, but people still speed. When they do and are caught, they are punished. What we don't do is run a background check each time they get a new car to ensure they're not a speeder or put RFID tags on the vehicles and watch their every move. We also don't require that before you drive somewhere that you call in to a system, give lots of personal information, and require an "OK" before you can drive (and if the system is down, you have to wait. I mean, what's 24 hours of waiting when it will save lives, right?).

If Virginia's background check had been in place (and working properly) last April, Seung Hui Cho, the Virginia Tech shooter, would not have been able to purchase his weapons where he did. He would have been forced to look elsewhere. That's all we know. To say he would have gone on to orchestrate the massacre is merely speculation. But I can tell you with confidence that he would not have used the guns he did last April.

Unless it was the guns controlling his mind, your last point is irrelevant. No matter what guns he had he would have done his deed. And if he wasn't able to get guns, I'm positive he would have tried to kill in another manner such as explosives or fire. What I can also tell you is that all it would have took was one other person with a firearm to stop the tragedy, and my scenario doesn't require violations of anyone's rights.

That's what I'm making this fuss over. But I still can't see where your fuss is coming from. "The NCIS system is down" and you can't buy a gun for another 24 hours?? I won't lose sleep over that - you've already got six!

Which is fine and dandy for me, but what about this lady? How many times do you hear of jealous ex's who can't take "No" for an answer killing out of jealousy? That 24 hours could mean life and death for some people, and it's quite common. VT wasn't as much tragic as it was sensationalized. For every Cho, there are thousands of these types of stories. In your quixotic effort to combat .000374%, you harm the many that truly do need a gun right then and there.

Brandon, I hope you realize that we both want the same thing - lowering the amount of crime. However, I feel strongly that I am backed up with millenniums worth of data that restricting the law abiding does nothing to curb crime. Guns are here, you can never get rid of them, and preventing the law abiding amongst us from getting them, even if only a "temporary inconvenience" does nothing to stop crime. Nothing. Not one time has ever disarming the populace done anything to protect them.

What stops crime is the same thing that helps cut down (but not eliminate) speeding - a high degree of getting caught and punished. And nothing sends a clearer signal that you will be caught and punished than a well armed citizenry that can fight back. This, my friend is why I make the fuss and fight every effort to enact gun control. It is demonstrably futile and only affects those who would follow the law in the first place.

To all my readers, please feel free to chime in.

rolled out on Wednesday, January 30, 2008 11:46 AM
Comments
# re: Real Reasoned Discourse - Sailorcurt

Rolled Out On: 1/30/2008 2:34 PM

Robb, you are doing a fine job.

Ostensibly, I wouldn't be opposed to background checks per se. I only have a couple of problems with the concept:

1) Once government gets its nose into the tent, it is impossible to get them back out. Requiring background checks necessitates forms and recordkeeping. Background checks and forms 4473, although specifically precluded by law from doing so, have become a de-facto gun owner registry in this country. That is the antithesis of liberty and freedom. Unfortunately, since the bad guys don't go through the hassle of background checks and paperwork, the registry is only of law abiding gun owners. It is completely useless for the purpose of disarming criminal...it's only practical use is in disarming the law abiding when it comes to that.

2) First background checks were used only to identify felons who are not authorized to own firearms...then mental patients were added...substance abusers...misdemeanor domestic assaulters...all those seemed logical and good right? Now they want to add people who are only SUSPECTED to be "bad" people. There is a movement to have people on the "terror watch list" added to prohibited persons. What kind of country do we live in when rights can be abridged on a SUSPICION? Once the government gets a power, no matter how benevolent that power may initially be intended, the government immediately sets to work on expanding that power...to the detriment of the citizens.

3) Background checks add cost to the transaction. It may not be much, but the $15 to $25 a dealer can charge to effect a third party transfer is not insignificant...especially when you're talking about a single mom with two jobs and raising three kids who is just trying to buy a used $75 Hi Point to protect her family from her stalker Ex-husband. Why should the government EVER institute a fee for the "privilege" of exercising a right?

Finally, one question that I have yet to have anyone even attempt to answer. I am routinely ignored when I ask this on the anti-gun blogs and forums:

By what rational definition can passing a law that would make an act illegal under one specific circumstance, that would remain perfectly legal under any other circumstance, be classified as "closing a loophole?"

# re: Real Reasoned Discourse - kaveman

Rolled Out On: 1/30/2008 4:43 PM

Howdy Brandon.

Let me say first that I am very thankful when I stumble across those who wish to debate the issue of gun-control in a respectful manner. Some people on both sides of the issue can and do react emotionly in an arena where logic should prevail.

I would like to share with you my own perspective on the right to keep and bear arms and in doing so, I will respond to your comments and would love the reciprocity.

First some background on me so you have a little insight to my perspective.

I'm 36 years old, have 36 firearms and have been shooting for 30 years. My worst firearms related accident to date is when a compressed internal spring came loose and hit me in the forhead while I was dissassembling one of my rifles. I have a concealed carry permit and use it. I do not like to hunt personally but will never interfere with those who do enjoy the sport. I would much rather shoot wild life with a camera than a firearm. My main reason for owning firearms is threefold:

1. Self defense
2. Collecting those which have some history behind them.
3. Target shooting in an informal competitive nature.

My main peeve with those who advocate for more gun-control laws is that those laws target inanimate lumps of wood, polymer and steel. The only way to reduce what you call gun violence is to reduse a living breathing person's desire to commit violence.

Within the law of supply and demand, you can not decrease the supply by limiting the supply. You must limit the demand. Take the war on drugs as an example. Limiting the supply may cause the price of illegal drugs to increase but if there is still a demand for those drugs, people will supply the pipe line.

This is a common ground I wish to see come to light. We both want to see the crime rate go down, I just don't care wether or not that those crimes are committed by a person with a gun or any other weapon, including bare hands and feet. My position is that criminals should be punished under the full extent of the law and that law abiding citizens should not have to have their rights trampled on because of the actions of our societies criminal element.

Do you have to prove that you've never had a DUI before you can buy a car?

Do you have to prove that you've never been convicted of arson before you buy gas or matches?

Do you have to prove you've never been convicted of rape before you buy condoms?

But I do have to prove that I've never committed a multitude of crimes before I buy a firearm. When I got my concealed carry licence, I was fingerprinted, photographed and had a background check performed at the local county level, the state level, the federal level and then run through Interpol and had an international check to make sure I had committed no crimes in any country on this earth. If I do commit a disqualifing crime, my licence will be revoked. Do you think I should be able to buy a firearm and simply display my licence in lieu of the background check?

Thanks for reading.

# re: Real Reasoned Discourse - Laughingdog

Rolled Out On: 1/30/2008 8:18 PM

Sadly, I don't have time to put in as thoughtful a response as the rest of you, but I thought I could at least add to a few points that were made here.

A big thing to consider is that laws should exist to protect me from others, not from myself. I am not endangered by someone not wearing their seatbelt. I am at no more risk from someone who is smoking pot than I am from someone who is drunk. Actually, the former is probably safer, because potheads don't tend to be nearly as prone to fight as drunks can be.

I'd also like to address one comment thrown around a lot by the gun-rights community a great deal.


all it would have took was one other person with a firearm to stop the tragedy


That's not really true. All the situation in Norris Hall really needed was one person who was willing to fight back, by any means. For years, I never went anywhere without a folding knife in my pocket (a habit from years of UNREPs in the Navy). Had I been in one of those rooms when Cho went on his killing spree, I would have made damn sure I took him with me, and the size of the classrooms there would have made it likely that I could have done so.

The real reason Cho was able to kill so many people was that society has done a bang up job of teaching people to just be submissive when they're being attacked. All over the news you hear "just give the attacker what he wants and you'll be fine". In the schools, students are taught that defending yourself is just as bad as being the one that starts a fight. Few people really have the will anymore to fight for their own lives, and that is what killed those poor 32 souls.

# re: Real Reasoned Discourse - kaveman

Rolled Out On: 1/31/2008 11:41 AM

Hmmm, laughingdog brings up a good point about how people are taught to simply submit to an attack instead of defending yourself.

It would be interesting to see a study/survey of these people where the main focus would be to measure how much of that pacifism would be affected if the attack were being perpetrated by a non-human animal.

Example...Would you fight to defend your life against a dog attack?

Would you fight to defend your life from a human attack or try and reason with your attacker and beg for mercy?

If the answers are different, ask yourself why?

# re: Real Reasoned Discourse - straightarrow

Rolled Out On: 1/31/2008 6:50 PM

Recently in Shreveport, La. a woman fought off a knife wielding attacker intent on rape. He had entered her home, she fought back and ran him off. She received several puncture wounds to her hands. This could have easily gone the other way.

Her attacker has not been captured. He is free to attack someone more submissive. And next time he just may have a gun, since his shiv work wasn't up to par.


My question to Brandon is this; When has defenselessness ever been a security measure?


I would point Brandon to all the government led genocides accomplished only after the target populations were disarmed "for their own safety". In those instances, only the criminals and the government had any security.

Then I would point him to Switzerland, which recently has passed some gun control as a place to watch. He will see an increase in violence in Switzerland once the predators get used to the new rules.

In spite of the preceding paragraph, Switzerland and Israel have traditionally been societies relatively free of domestic violence, yet they are the two most heavily armed societies in the world. And their citizens are not reatricted as to types of firearms they may carry. It is not uncommon to see an Israeli girl in the blush of youth eating at a pizza parlor with a fully automatic weapon slung over her shoulder. The Swiss are more circumspect but traditionally have been a dangerous people to assault.

I used the issue of domestic violence above not in the familial sense it has come to mean here, but in the national sense. There is much violence in Israel, but it is perpetrated by people who send their children to blow themselves up with explosives among the children of the Israelis. Why do they do this? Because the Israeli citizen is armed and they dare not go there themselves to commit violence. Ergo, they send their dimmer children.

Yet there is not much violent crime in Israel for the same reason. Israelis are openly armed.

It is a fallacy that just because one carries a firearm he is more likely to engage in harmful or violent acts directed at others. A man's character doesn't change just because he is armed. Neither does a predator's, but his predilection for acting on his predator's instinct is greatly curbed when he faces almost sure harm himself.

repeat: Defenselessness is not a security measure.

If it were, there would be no dead people at Virginia Tech.

# re: Real Reasoned Discourse - GingerGuy

Rolled Out On: 2/3/2008 1:23 PM

Wow, you guys are good. This is one of the first on-going debates about gun control vs. the reduction of homicides via firearms that I have found anywhere. My congrats’ to both parties.

You both seem to have similar goals: The reduction of violent homicides where a firearm was the vehicle of choice.

I believe the first step is to identify those of whom that use firearms to commit crimes that result in homicides. Clearly, there are statistics available that identify these individuals.

Next would be to analyze the data available on who these people are, do they have any prior criminal history, where did they acquire their weapon and what should be done to reduce homicides from this group of people.

If you have an agreement that the reduction of homicides is your goal, and you agree that addressing the significant source of these homicides is suitable, now what changes in existing laws or new laws would reduce homicides.

As the statistics show, more gun laws have not been effective in reducing homicides. But what would? More education? More police in that area? Longer sentences when convicted of crimes? Find solutions to this problem that you both agree to and then expand from there.

When both sides of this issue can agree on particular solutions, then we will have true benefits to reducing the number of homicides nationally. Each side of this debate needs not try to convert the other’s thinking, but find common ground for agreement on solutions.

For example, do both parties agree that longer prison terms for people committing armed robbery is good? How long?

Write about your agreement of identifying the problem, what are the root causes and then what solutions will have the greatest impact on the identified problem.. Thanks


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